Overview
Every year, airbags save thousands of lives by protecting both drivers and passengers during severe accidents. While airbags are designed to keep you safe, they can also cause injuries such as bruises, burns, broken bones, or worse.
If you are injured during an airbag deployment, you may find yourself asking: can I make a claim for airbag injuries after a car accident?
The answer is contingent on a few different factors, including who caused the crash, whether you were otherwise hurt due to the airbag, and the type of insurance you have.
Knowing what options you have under the law can be critical so that you do not have to pay for injuries caused by the very device designed to protect you.
How Airbag Injuries Happen
Have you ever wondered how an instrument that might save your life can still hurt you? Airbags deploy at high speeds, sometimes up to 200 miles per hour, within a millisecond. While deploying at such rapid speeds can prevent much worse injuries from the steering wheel or dashboard, the force can still be very dangerous.
Injuries related to airbag deployment often stem from the explosive forces of deployment. Injuries can occur due to burns from hot gases released from the airbag during inflation, or abrasions from the fabric of the airbag brushing against your skin. Additionally, if the passenger is located too close to the airbag compartment, a broken nose, wrist fractures, or chest injuries can arise.
Another consideration for injuries related to airbag deployment is chemical irritation. The sodium azide and other substances involved in inflating airbags can cause eye irritation, respiratory complications or skin reactions. Individuals with asthma or other breathing problems might experience a more serious response to those substances.
Your seat position also has an impact on injury severity. Drivers who sit too close to the steering wheel face greater risks, as do passengers who place their feet on the dashboard. Children in the front seat are particularly vulnerable, so safety professionals recommend children stay in the back seat until they're at least 13 years old.
Determining Who is Actually Responsible
Are you wondering whom may be liable when an airbag causes injury ? The answer is often not simple, and in some situations many people may be liable.
If the airbag was deployed as the result of a collision with another driver, typically their insurance would cover your injuries including injuries from the airbag. This is based on the idea that the at-fault driver is responsible for all injuries that result from the crash, including secondary injuries caused by safety devices.
But what if the airbag was defective? In the event of such problems, product liability claims apply in instances where airbags were deployed unexpectedly, failed when they should've deployed, or caused injuries above what's considered normal. In rare instances airbags have caused serious injuries and resulted in death.
In some cases of defective airbag, suppliers like Takata have been recalled and sued for serious injuries and death they caused. Auto manufacturers can also be liable for damages when airbags were installed improperly or the manufacturer failed to provide adequate warning of possible dangers. Sometimes it’s not even the airbag; it’s simply the way the airbag was implemented in the vehicle safety system.
More complex cases may involve liability among multiple parties. For example, if you were injured in a crash caused by another driver, and your airbag did not deploy, you may have claims against the at-fault driver’s insurance and the airbag manufacturer.
What Are Your Options To Recoup Damages
What type of claims can you actually file for injuries caused by airbag deployment? Depending on your individual situation, you have a number of different options for claiming damages for your injuries, and knowing each of these options will help you make an informed decision about the direction you want to take your case.
Claims for personal injury against the at-fault driver is the most frequent option. If another person’s negligence was the cause of the accident that resulted in your airbag deployment, then their liability insurance should pay for your medical expenses, lost wages, and pain and suffering, related to your injuries in the airbag deployment.
Claims for product liability is for when the airbag itself is defective, and you will have to prove the airbag was unreasonably dangerous in design, manufacture, or warnings. Product liability claims can be very complicated, but can be worth more than a standard auto accident claim.
Your own insurance company may be able to cover your medical expenses regardless of fault. Policies with medical payments coverage or personal injury protection, can alleviate your immediate medical expense burden, while you will pursue other claims. These types of insurance coverages cover expenses from injuries you may sustain as a result of either the crash impact, airbag malfunction, or both.
Litigation may also be very necessary, especially with product liability cases, or serious injury. A lawsuit provides you with the opportunity to seek damages above and beyond the at-fault insurance policy limits, and answer for the potential for longterm medical needs or permanent disability.
What’s Next After Airbag Injuries
Airbags are designed to save lives, but there are risks associated with them as well. If you suffered any injury as a result of the airbag deployment, you may have a valid reason to act, and seek damages as compensation for medical costs, pain and suffering, and other damages.
Whether you suffered an injury as a result of the crash itself, or incidental to the airbag, knowing your legal options can mitigate risks to your health and finances.
Do not feel that you have to shoulder all of these expenses, and responsibilities alone. Consulting with a qualified personal injury attorney, can help you to understand, and learn about, your rights and to develop a solid case for your airbag injury claims.
Your focus should be on your recovery process, not on fighting insurance companies or trying to figure out an extremely complicated, intimidating legal process.
Conclusion
Airbags save lives but can also cause serious injuries. If you’ve been hurt by an airbag during a crash, you may be entitled to compensation. Liability could fall on another driver, the manufacturer, or your own insurer. Speak with a personal injury attorney to understand your options and protect your rights.
